Compounding of Offences Regulations 2023
Key information
- Gazette
- P.U. (A) 402/2023
Poisons (Compounding of Offences) Regulations 2023: Prescribes compoundable offences and the procedure and forms for compounding them.
IN exercise of the powers conferred by subsection 32A(1) of the Poisons Act 1952 [Act 366], the Minister, with the approval of the Public Prosecutor, makes the following regulations:
Regulation 1. Citation and commencement
- (1)These regulations may be cited as the Poisons (Compounding of Offences) Regulations 2023.
- (2)These Regulations come into operation on 1 January 2024.
Regulation 2. Compoundable offences
- (1)The offences specified in the First Schedule are prescribed as compoundable offences.
- (2)The compoundable offences may be compounded with the consent in writing of the Public Prosecutor in Form 1 of the Second Schedule.
Regulation 3. Procedure for compounding
- (1)Upon receipt of any information or complaint that an offence which may be compounded has been committed, the Director General of Health or any Drug Enforcement Officer appointed by the Director General of Health may, with the written consent of the Public Prosecutor referred to in subregulation 2(2), issue an offer to compound the offence in Form 2 of the Second Schedule.
- (2)An offer to compound an offence shall be valid for a period of thirty days starting from the date the offer is received by the person to whom the offer is made or such extended period as the Director General of Health may grant and if full payment of the sum offered is made within the period of thirty days or such extended period granted, no further proceedings shall be taken against the person who committed such offence.
Regulation 4. Acceptance of compound
A person who accepts an offer to compound an offence which may be compounded shall accept the offer in Form 3 of the Second Schedule and return the Form 3 to the Director General of Health or any Drug Enforcement Officer appointed by the Director General of Health.
Regulation 5. Payment of compound
- (1)If an offer to compound an offence is accepted by the person to whom the offer is made, he shall pay the compound through credit card, debit card, charge card or any other forms of electronic fund transfer.
- (2)An official receipt shall be issued for every payment received under subregulation (1) to the person to whom the offer to compound an offence is made.
- (3)An official receipt issued under subregulation (2) shall include any electronic receipt if the payment is made through an electronic fund transfer.
Regulation 6. Prosecution may be instituted if no payment made
If no payment of the compound offered is made within the period specified in subregulation 3(2), prosecution may be instituted without further notice.
First Schedule [Subregulation 2(1)] — Compoundable offences
The following offences are prescribed to be offences which may be compounded:
- (a)the offences committed under the provisions of the Poisons Act 1952 [Act 366] as follows:
- (i)subsection 8(3);
- (ii)subsection 9(3);
- (iii)section 13;
- (iv)subsection 15(2A);
- (v)subsection 15(5);
- (vi)subsection 15(7);
- (vii)subsection 16(5);
- (viii)subsection 17(2);
- (ix)subsection 19(4);
- (x)subsection 21(7);
- (xi)subsection 23(4);
- (xii)subsection 23(5);
- (xiii)subsection 25(3);
- (xiv)subsection 26(7);
- (xv)subsection 26A(3); and
- (xvi)subsection 32(1);
- (i)
- (b)the offences committed under the provisions of the Poisons (Sodium Hydroxide) Regulations, 1962 [L.N. 145/1962] as follows:
Second Schedule
POISONS (COMPOUNDING OF OFFENCES) REGULATIONS 2023
CONSENT TO COMPOUND OFFENCES
(date) at (place).
Deputy Public Prosecutor
POISONS (COMPOUNDING OF OFFENCES) REGULATIONS 2023
OFFER TO COMPOUND OFFENCE
Ministry of Health Malaysia
*Sir/Madam,
(state the name of *individual/company/business/other body) and you are found to have committed an offence under the Poisons Act 1952 [Act 366]/regulations made under the Act with the following particulars:
2. Pursuant to subsection 32A(2) of the Poisons Act 1952, with the written consent of the Public Prosecutor, you are offered a compound for the offence stated above for
the sum of RM ( (in words) ringgit only).
3. If the offer to compound is accepted, payment shall be made through credit card, debit card, charge card or any other forms of electronic fund transfer.
4. An official receipt shall be issued on receipt of payment of the compound.
5. This offer to compound offences shall be valid for the period of thirty days starting from the date the offer is received by you.
(state the name of *individual/company/business/other body) without further notice.
Drug Enforcement Officer
appointed by the Director General of Health
* Delete whichever is inapplicable
**State details and use appendix if necessary
POISONS (COMPOUNDING OF OFFENCES) REGULATIONS 2023
ACCEPTANCE OF OFFER TO COMPOUND OFFENCE
*Sir/Madam,
I refer to the Offer to Compound Offences bearing the reference number dated .
2. I admit that I have committed this offence and I accept the offer to compound and enclosed herewith is the proof of payment through *credit card/debit card/charge card/an electronic fund transfer for the sum of RM ( (in words) ringgit only) as full settlement of the sum stipulated in paragraph 2 of the Offer to Compound Offence.
* Delete whichever is inapplicable
** Name of the person to whom the offer to compound is made or name of the director on behalf of company/business/other body
*** In the case where the offer to compound is made to company/business/other body